PlainSite :: Grinis v. Black et al, Illinois Northern District Court Case No. 1:08-cv-03680 Document 1: Complaint

Page 1

FILED:Page JUNE Filed 06/27/2008 1 of27, 7 2008 08CV 3680 JUDGE HOLDERMAN MAGISTRATE JUDGE KEYS IN THE UNITED STATES DISTRICT COURT EDA NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Case 1:08-cv-03680 Document 1 BRUNO J. GRINIS Plaintiff, v.

P.O. F. BLACK, Star No. 7322, an UNKNOWN AND UNNAMED CHICAGO POLICE OFFICERS, and the CITY OF CHICAGO, Defendants.

Case No.:

COMPLAINT FOR
VIOLATION OF CIVIL RIGHTS
AND SUPPLEMENTAL STATE
CLAIMS
JURY DEMANDED
COMPLAINT
JURISDICTION AND VENUE

This action arises under the United States Constitution and the Civil Rights Act of 1871 [42 U.S.C. Section 1983]. This court has jurisdiction under and by virtue of 28 U.S.C. Sections 1343, 1331, and 1367.

Venue is founded in this judicial court upon 28 U.S.C. Section 1391 as the acts complained of arose in this district.

PARTIES

At all times herein mentioned, Plaintiff BRUNO J. GRINIS ³Grinis´ ZDVDQGQRZ is a citizen of the United States.

At all times herein mentioned, Defendants P.O. F. BLACK Star No. 7619 ³Black´ RU ³'HIHQGDQW´ , and UNKNOWN AND UNNAMED CHICAGO POLICE OFFICERS, were members of the City of Chicago Police Department, and were acting under color of state law and as the employees, agents or representatives of the City of Chicago. These officers are being sued in their individual/personal capacities.

Page 2

Case 1:08-cv-03680 5.

Document 1 Filed 06/27/2008 Page 2 of 7 At all times herein mentioned, the CITY OF CHICAGO was a political division of the State of Illinois, existing as such under the laws of the State of Illinois. At all relevant times, the City of Chicago maintained, managed, and/or operated the City of Chicago Police Department.

FACTUAL ALLEGATIONS

On November 5, 2007, Plaintiff was at the location of John Stroger Hospital, 1901

W. Harrison, Chicago, Illinois 60612.

$WWKDWSODFHDQGGDWH'HIHQGDQWVDUULYHGDW3ODLQWLII¶VORFDWion.

Defendants then made an unlawful arrest of Plaintiff.

Plaintiff was handcuffed, subjected to excessive force by being hit and shoved, searched, detained, and arrested and then transported to a police station. There was no probable or legal cause for these actions by Defendants.

10.

Plaintiff was then charged and then prosecuted for resisting a peace officer and disorderly conduct. There was no legal cause to believe that Plaintiff should be charged with any crime.

11.

All criminal charges against the Plaintiff were terminated LQ3ODLQWLII¶VIDYRU 12.

Plaintiff did not consent to any of the acts above described.

13.

By reason of the above-described acts and omissions of Defendants, Plaintiff sustained physical injuries, humiliation, and indignities, and suffered great physical, mental, and emotional pain and suffering all to his damage in an amount to be ascertained. 14.

The aforementioned acts of Defendants were willful, wanton, malicious, oppressive and done with reckless indifference WRDQGRUFDOORXVGLVUHJDUGIRU3ODLQWLII¶VULJKWV

Page 3

Case 1:08-cv-03680 Document 1 Filed 06/27/2008 Page 3 of 7 and justify the awarding of exemplary and punitive damages in an amount to be ascertained according to proof at the time of trial.

15.

By reason of the above-described acts and omissions of Defendants, Plaintiff was required to retain an attorney to institute, prosecute and render legal assistance to him in the within action so that he might vindicate the loss and impairment of his rights. By reason thereof, Plaintiff requests payment by defendants of a reDVRQDEOHVXPIRUDWWRUQH\¶VIHHVSXUVXDQWWR U.S.C. Section 1988, the Equal Access to Justice Act or any other provision set by law.

COUNT I
PLAINTIFF AGAINTST THE INDIVIDUAL DEFENDANTS FOR
THE CIVIL RIGHTS CLAIM OF FALSE ARREST

16.

Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen

(15) as though fully alleged at this place.

17.

%\UHDVRQRI'HIHQGDQWV¶FRQGXFW3ODLQWLIIZDVGHSULYHGRIULJKWVSULYLOHJHVDQG immunities secured to him by the Fourth Amendment to the Constitution of the United States and laws enacted thereunder.

18.

Defendants caused the arrest of Plaintiff unreasonably and without probable or any legal cause to believe that Plaintiff had committed any crime. Therefore, Defendants and each of them are liable for false arrest under 42 U.S.C. § 1983.

COUNT II
PLAINTIFF AGAINST THE INDIVIDUAL DEFENDANTS FOR
THE CIVIL RIGHTS CLAIM OF UNLAWFUL SEARCH

19.

Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen

(15) as though fully set forth at this place.

Page 4

Case 1:08-cv-03680 20.

Document 1 Filed 06/27/2008 Page 4 of 7 %\UHDVRQRI'HIHQGDQWV¶FRQGXFW3ODLQWLIIZDVGHSULYHGRIULJKWVSULYLOHJHVDQG immunities secured to them by the Fourth and/or Fourteenth Amendment to the Constitution of the United States and laws enacted thereunder.

21.

DefendDQWVXQODZIXOO\VHDUFKHG3ODLQWLIIZLWKRXW3ODLQWLII¶VFRQVHQW unreasonably, and without legal cause. Therefore, Defendants, and each of them, are liable for an unlawful search under 42 U.S.C. § 1983.

COUNT III
PLAINTIFF AGAINST THE INDIVIDUAL DEFENDANTS FOR
THE CIVIL RIGHTS CLAIM OF EXCESSIVE FORCE

22.

Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen

(15) as though fully set forth at this place.

23.

%\UHDVRQRI'HIHQGDQWV¶FRQGXFW3ODLQWLIIVZHUHGHSULYHGRIULJKWVSULYileges and immunities secured to them by the Fourth Amendment to the Constitution of the United States and laws enacted thereunder.

24.

The violence inflicted upon Plaintiffs was unnecessary and unreasonable and was WKHUHIRUHLQYLRODWLRQRI3ODLQWLIIV¶)Rurth Amendment Rights. Specifically, all of the force described above was without legal cause and constituted unnecessary and unreasonable excessive force. Therefore, Defendants are liable to Plaintiff pursuant to 42 U.S.C. § 1983.

COUNT IV

PLAINTIFF AGAINST ALL DEFENDANTS FOR SUPPLEMENTAL CLAIMS OF ASSAULT, FALSE ARREST, AND MALICIOUS PROSECUTION 25.

Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen

(15) as though fully alleged at this place.

Page 5

Case 1:08-cv-03680 26.

Document 1 Filed 06/27/2008 Page 5 of 7 Defendants, and each of them, caused Plaintiff to be assaulted, falsely arrested, and a criminal prosecution to commence against Plaintiff.

27.

Defendants, police officers employed by the City of Chicago, maliciously commenced and caused to be continued a criminal action against the plaintiffs without probable or any legal cause for the institution and continuation of these proceedings. As a result, plaintiff was injured emotionally and otherwise from the loss of certain constitutionally protected liberty and related rights.

28.

Defendants facilitated this malicious prosecution by the creation of false evidence and by giving false police reports.

29.

7KHFULPLQDOSURFHHGLQJVZHUHWHUPLQDWHGLQWKHSODLQWLIIV¶IDYRU 30.

The City of Chicago is liable as a result of respondeat superior.

31.

Therefore, Defendants, and each of them, are liable under the state supplemental claims of assault, false arrest, and malicious prosecution.

WHEREFORE, Plaintiff, Bruno Grinis, by and through his attorneys, Ed Fox & Associates, request judgment as follows against Defendants, and each of them on all claims: 1.

That Defendants be required to pay the Plaintiff, general damages, including emotional distress, in a sum to be ascertained; 2.

ascertained; That Defendants be required to pay the Plaintiff special damages in a sum to be 3.

That Defendants, except the City of Chicago, be required to pay Plaintiffs DWWRUQH\V¶IHHVSXUVXDQWWR6HFWLRQRI7LWOHRIWKH8QLWHG6WDWHV&RGHWKH(TXDO$FFHVV to Justice Act or any other applicable provision (except not on Count III); 4.

7KDW'HIHQGDQWV'HURXLQDQG6WROOEHUHTXLUHGWRSD\3ODLQWLII¶VSXQLWLYHDQG exemplary damages in a sum to be ascertained;

Page 6

Case 1:08-cv-03680 Document 1 Filed 06/27/2008 Page 6 of 7 5.

7KDW'HIHQGDQWVEHUHTXLUHGWRSD\3ODLQWLII¶VFRVWVRIWKHVXLWKHUHLQLQFXUUHG 6.

That Plaintiff have such other and further relief as this Court may deem just and and proper.

By: /s/ Leslie C. McCoy Leslie C. McCoy ED FOX & ASSOCIATES Suite 330 300 West Adams Chicago, IL. 60602

(312) 345-8877

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Case 1:08-cv-03680

Document 1

Filed 06/27/2008

Page 7 of 7

PLAINTIFF HEREBY REQUESTS A TRIAL BY JURY By: /s/ Leslie C. McCoy Leslie C. McCoy ED FOX & ASSOCIATES Suite 330 300 West Adams Chicago, IL. 60602

(312) 345-8877

PDF Page 1	PlainSite Cover Page

PDF Page 2	FILED:Page JUNE Filed 06/27/2008 1 of27, 7 2008 08CV 3680 JUDGE HOLDERMAN MAGISTRATE JUDGE KEYS IN THE UNITED STATES DISTRICT COURT EDA NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Case 1:08-cv-03680 Document 1 ) ) ) ) ) ) ) ) ) ) ) ) BRUNO J. GRINIS Plaintiff, v. P.O. F. BLACK, Star No. 7322, an UNKNOWN AND UNNAMED CHICAGO POLICE OFFICERS, and the CITY OF CHICAGO, Defendants. Case No.: COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND SUPPLEMENTAL STATE CLAIMS JURY DEMANDED COMPLAINT JURISDICTION AND VENUE 1. This action arises under the United States Constitution and the Civil Rights Act of 1871 [42 U.S.C. Section 1983]. This court has jurisdiction under and by virtue of 28 U.S.C. Sections 1343, 1331, and 1367. 2. Venue is founded in this judicial court upon 28 U.S.C. Section 1391 as the acts complained of arose in this district. PARTIES 3. At all times herein mentioned, Plaintiff BRUNO J. GRINIS ³Grinis´ ZDVDQGQRZ is a citizen of the United States. 4. At all times herein mentioned, Defendants P.O. F. BLACK Star No. 7619 ³Black´ RU ³'HIHQGDQW´ , and UNKNOWN AND UNNAMED CHICAGO POLICE OFFICERS, were members of the City of Chicago Police Department, and were acting under color of state law and as the employees, agents or representatives of the City of Chicago. These officers are being sued in their individual/personal capacities. 1

PDF Page 3	Case 1:08-cv-03680 5. Document 1 Filed 06/27/2008 Page 2 of 7 At all times herein mentioned, the CITY OF CHICAGO was a political division of the State of Illinois, existing as such under the laws of the State of Illinois. At all relevant times, the City of Chicago maintained, managed, and/or operated the City of Chicago Police Department. FACTUAL ALLEGATIONS 6. On November 5, 2007, Plaintiff was at the location of John Stroger Hospital, 1901 W. Harrison, Chicago, Illinois 60612. 7. $WWKDWSODFHDQGGDWH'HIHQGDQWVDUULYHGDW3ODLQWLII¶VORFDWion. 8. Defendants then made an unlawful arrest of Plaintiff. 9. Plaintiff was handcuffed, subjected to excessive force by being hit and shoved, searched, detained, and arrested and then transported to a police station. There was no probable or legal cause for these actions by Defendants. 10. Plaintiff was then charged and then prosecuted for resisting a peace officer and disorderly conduct. There was no legal cause to believe that Plaintiff should be charged with any crime. 11. All criminal charges against the Plaintiff were terminated LQ3ODLQWLII¶VIDYRU 12. Plaintiff did not consent to any of the acts above described. 13. By reason of the above-described acts and omissions of Defendants, Plaintiff sustained physical injuries, humiliation, and indignities, and suffered great physical, mental, and emotional pain and suffering all to his damage in an amount to be ascertained. 14. The aforementioned acts of Defendants were willful, wanton, malicious, oppressive and done with reckless indifference WRDQGRUFDOORXVGLVUHJDUGIRU3ODLQWLII¶VULJKWV 2

PDF Page 4	Case 1:08-cv-03680 Document 1 Filed 06/27/2008 Page 3 of 7 and justify the awarding of exemplary and punitive damages in an amount to be ascertained according to proof at the time of trial. 15. By reason of the above-described acts and omissions of Defendants, Plaintiff was required to retain an attorney to institute, prosecute and render legal assistance to him in the within action so that he might vindicate the loss and impairment of his rights. By reason thereof, Plaintiff requests payment by defendants of a reDVRQDEOHVXPIRUDWWRUQH\¶VIHHVSXUVXDQWWR U.S.C. Section 1988, the Equal Access to Justice Act or any other provision set by law. COUNT I PLAINTIFF AGAINTST THE INDIVIDUAL DEFENDANTS FOR THE CIVIL RIGHTS CLAIM OF FALSE ARREST 16. Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen (15) as though fully alleged at this place. 17. %\UHDVRQRI'HIHQGDQWV¶FRQGXFW3ODLQWLIIZDVGHSULYHGRIULJKWVSULYLOHJHVDQG immunities secured to him by the Fourth Amendment to the Constitution of the United States and laws enacted thereunder. 18. Defendants caused the arrest of Plaintiff unreasonably and without probable or any legal cause to believe that Plaintiff had committed any crime. Therefore, Defendants and each of them are liable for false arrest under 42 U.S.C. § 1983. COUNT II PLAINTIFF AGAINST THE INDIVIDUAL DEFENDANTS FOR THE CIVIL RIGHTS CLAIM OF UNLAWFUL SEARCH 19. Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen (15) as though fully set forth at this place. 3

PDF Page 5	Case 1:08-cv-03680 20. Document 1 Filed 06/27/2008 Page 4 of 7 %\UHDVRQRI'HIHQGDQWV¶FRQGXFW3ODLQWLIIZDVGHSULYHGRIULJKWVSULYLOHJHVDQG immunities secured to them by the Fourth and/or Fourteenth Amendment to the Constitution of the United States and laws enacted thereunder. 21. DefendDQWVXQODZIXOO\VHDUFKHG3ODLQWLIIZLWKRXW3ODLQWLII¶VFRQVHQW unreasonably, and without legal cause. Therefore, Defendants, and each of them, are liable for an unlawful search under 42 U.S.C. § 1983. COUNT III PLAINTIFF AGAINST THE INDIVIDUAL DEFENDANTS FOR THE CIVIL RIGHTS CLAIM OF EXCESSIVE FORCE 22. Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen (15) as though fully set forth at this place. 23. %\UHDVRQRI'HIHQGDQWV¶FRQGXFW3ODLQWLIIVZHUHGHSULYHGRIULJKWVSULYileges and immunities secured to them by the Fourth Amendment to the Constitution of the United States and laws enacted thereunder. 24. The violence inflicted upon Plaintiffs was unnecessary and unreasonable and was WKHUHIRUHLQYLRODWLRQRI3ODLQWLIIV¶)Rurth Amendment Rights. Specifically, all of the force described above was without legal cause and constituted unnecessary and unreasonable excessive force. Therefore, Defendants are liable to Plaintiff pursuant to 42 U.S.C. § 1983. COUNT IV PLAINTIFF AGAINST ALL DEFENDANTS FOR SUPPLEMENTAL CLAIMS OF ASSAULT, FALSE ARREST, AND MALICIOUS PROSECUTION 25. Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen (15) as though fully alleged at this place. 4

PDF Page 6	Case 1:08-cv-03680 26. Document 1 Filed 06/27/2008 Page 5 of 7 Defendants, and each of them, caused Plaintiff to be assaulted, falsely arrested, and a criminal prosecution to commence against Plaintiff. 27. Defendants, police officers employed by the City of Chicago, maliciously commenced and caused to be continued a criminal action against the plaintiffs without probable or any legal cause for the institution and continuation of these proceedings. As a result, plaintiff was injured emotionally and otherwise from the loss of certain constitutionally protected liberty and related rights. 28. Defendants facilitated this malicious prosecution by the creation of false evidence and by giving false police reports. 29. 7KHFULPLQDOSURFHHGLQJVZHUHWHUPLQDWHGLQWKHSODLQWLIIV¶IDYRU 30. The City of Chicago is liable as a result of respondeat superior. 31. Therefore, Defendants, and each of them, are liable under the state supplemental claims of assault, false arrest, and malicious prosecution. WHEREFORE, Plaintiff, Bruno Grinis, by and through his attorneys, Ed Fox & Associates, request judgment as follows against Defendants, and each of them on all claims: 1. That Defendants be required to pay the Plaintiff, general damages, including emotional distress, in a sum to be ascertained; 2. ascertained; That Defendants be required to pay the Plaintiff special damages in a sum to be 3. That Defendants, except the City of Chicago, be required to pay Plaintiffs DWWRUQH\V¶IHHVSXUVXDQWWR6HFWLRQRI7LWOHRIWKH8QLWHG6WDWHV&RGHWKH(TXDO$FFHVV to Justice Act or any other applicable provision (except not on Count III); 4. 7KDW'HIHQGDQWV'HURXLQDQG6WROOEHUHTXLUHGWRSD\3ODLQWLII¶VSXQLWLYHDQG exemplary damages in a sum to be ascertained; 5

PDF Page 7	Case 1:08-cv-03680 Document 1 Filed 06/27/2008 Page 6 of 7 5. 7KDW'HIHQGDQWVEHUHTXLUHGWRSD\3ODLQWLII¶VFRVWVRIWKHVXLWKHUHLQLQFXUUHG 6. That Plaintiff have such other and further relief as this Court may deem just and and proper. By: /s/ Leslie C. McCoy Leslie C. McCoy ED FOX & ASSOCIATES Suite 330 300 West Adams Chicago, IL. 60602 (312) 345-8877 6

PDF Page 8	Case 1:08-cv-03680 Document 1 Filed 06/27/2008 Page 7 of 7 PLAINTIFF HEREBY REQUESTS A TRIAL BY JURY By: /s/ Leslie C. McCoy Leslie C. McCoy ED FOX & ASSOCIATES Suite 330 300 West Adams Chicago, IL. 60602 (312) 345-8877 7

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Grinis v. Black et al Document 1: Complaint